Alleged J.G. Wentworth Robocalls Spark Class Action
Simpson v. The J.G. Wentworth Company
Filed: July 25, 2022 ◆§ 8:23-cv-00152
J.G. Wentworth faces a class action wherein a Florida consumer claims to have received at least one robocall from the financing company, even though his number is included in the National Do Not Call Registry.
Florida
J.G. Wentworth faces a proposed class action wherein a Florida consumer claims to have received at least one robocall from the financing company, even though his number is included in the National Do Not Call Registry.
The 13-page case alleges the automated J.G. Wentworth sales calls were placed to consumers without consent and in violation of the federal Telephone Consumer Protection Act (TPCA) and Florida Telephone Solicitation Act (FTSA), laws designed to protect citizens from unwanted telemarketing communications.
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More specifically, the TCPA prohibits “the use of a pre-recorded message to a wireless number in the absence of an emergency or the prior express written consent of the called party,” the complaint relays. The suit, filed initially in Pennsylvania on July 25, 2022 and transferred to Florida’s Middle District Court on January 23 of this year, adds that it is a violation of the FTSA to call a number on the National Do Not Call Registry.
The plaintiff contends that in July of last year, he received a pre-recorded message from J.G. Wentworth delivered by an unnamed caller in a “generic monotone voice,” inquiring about his financial condition. The message also asked the man if he had debt and wanted to borrow money, the filing says.
According to the suit, the plaintiff then spoke to a J.G. Wentworth representative who identified themselves as “Nick” and offered the company’s financial services. “Nick” attempted to prepare a quote by asking the plaintiff questions such as how much he was looking to borrow, how much money he owed, and if he had previously been late on payments, the case alleges.
The filing stresses that the plaintiff had listed his cell phone number on the National Do Not Call Registry for at least a year before receiving the message from J.G. Wentworth, and he had never sought out the company’s services in any way.
The lawsuit argues that other consumers have had their privacy violated by similar messages from J.G. Wentworth given that the company allegedly uses an automated system that allows it to transmit thousands of robocalls per day.
The lawsuit looks to represent the following classes:
“All persons within the United States: (1) to whose cellular telephone number or other number for which they are charged for the call (2) Defendant (or an agent acting on behalf of Defendant) placed a telemarketing call (3) from four years prior to the complaint through trial (4) using an identical or substantially similar pre-recorded message used to place telephone calls to Plaintiff.”
“All persons in the U.S., who, (1) received a telephonic sales call regarding Defendant’s goods and/or services, (2) using the same equipment or type of equipment utilized to call Plaintiff (3) since July 1, 2021.”
“All persons in the U.S., who, (1) received a telephonic sales call regarding Defendant’s goods and/or services, (2) to a number on the National Do Not Call Registry (3) since July 1, 2021.”
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